if i remember right he claims he was making payments but the bank mis paid them because the loan has been sold so many times. So his lawyer told him to stop making ANY payments and it is now in forclosor since they need to go to court and they can win.
witch to me does not make a lick of sense. but hell i know NOTHING about forcloser proceedings so i have no clue.
I am not sure what mindset you were in when you posted the above...but to explain it.
It had nothing to do with my loan being sold. My loan was sold after this started and that has really complicated it. My original mortgage company was recieving my payments each month yet none of those payments were getting applied to my mortgage and as a result they kept reporting me late.
They told me it would be fixed 'soon'...this went on for a year until one day I recieved a call from the person working on it telling me my loan was sold 'but the new company is aware and will fix everything'.
Fast forward several years with this all still happening. This past year I stopped paying and they finally started doing research into it. As of January this year, I was told my payments were 'found' and they'd have to figure out how to get them applied, but there was nothing they could do about the late fees and my credit hit I took.
To repair the situation they offered a balloon mortgage that would lower my payment from $2300 to around $800 over a 40 year term. The balloon payment was about $200,000...hardly a deal at all except for them.
The next offer came in the form of a deed in lieu saying they can't really fix anything, but would guarantee me a 12 month lease of the property at the cost of my taxes/insurance. They withhold any deficiency judgement and let me basically walk away. I was on-board with this more or less whether I took the lease or not. Before I even got the paperwork I was served the foreclosure papers by them.
Their deed-in-lieu people and the foreclosure people are both now going back and forth with my attorney. They can't even keep it straight between their internal departments.
Either way I am glad I will be able to move on. The property is worth 25% of my loan amount, I will leave behind the $65k I paid outside of taxes/insurance and any improvements I have made.